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2008 Supreme(J&K) 150

MOHAMMAD YAQOOB MIR
Gh. Rasool Bhat – Appellant
Versus
Badri Nath Bhat – Respondent


Advocates Appeared:
Advocate For Appellant: G.A. Lone
Advocate For Respondent: M.Y. Parray

1. Land measuring 51 Kanals covered by Survey Nos.381, 382, 399 and 400 min situated at Morianderbagh, Srinagar is owned by respondents. Vide agreement to sell executed on 10.07.2001 at Jammu the owners agreed to sell the said land to the petitioners in lieu of Rs. 66.00 lacs, which amount was to be paid in four installments; first installment in the month of July 2001, second in the month of September, 2001, third in the month of November, 2001 and the last one in the month of January, 2002. After payment, documents in pursuance of existing SRO for the sale of migrant property were consented to be executed in favour of the petitioner. It is also incorporated in agreement that the petitioner is authorized to apply to the Commissioner, Srinagar for obtaining permission for the purpose and also authorized to follow the case and to get the land transferred by way of mutation and was also authorized to look after the land. It appears that some of the installments as fixed were not received by the respondents which prompted the petitioners to file the suit for specific performance and for injunction before the Court of District Judge, Srinagar.

2. Later on, vide order-dated 23.08.2004 of

























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